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Supreme Court Finds Bona Fide Error Defense Inapplicable In FDCPA Action

WASHINGTON, D.C. — (Mealey’s) A divided U.S. Supreme Court on April 21 reversed a federal appellate court and ruled that the bona fide error defense does not apply to a violation of the Federal Debt Collection Practices Act (FDCPA) resulting from a debt collector's incorrect interpretation...

High Court: District Courts Not Deprived Of Jurisdiction Over TCPA Claims

WASHINGTON, D.C. - (Mealey's) The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits, a unanimous U.S. Supreme Court ruled Jan. 18...

To Violate FDCPA, Collection Letter Must 'Expressly' Require Written Debt Dispute, Ninth Circuit Holds

A collection letter that implicitly requires a debtor to dispute a debt in writing does not violate the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Ninth Circuit has ruled. In its June 8, 2012, decision in Riggs v. Prober & Raphael , the Ninth Circuit held that the "validation...

Ballard Spahr LLP: Single Publication Notice of Class Action Settlement Did Not Bar Subsequent Lawsuit

By Alan S. Kaplinsky and Burt M. Rublin The Second Circuit has held that a plaintiff's lawsuit against a debt collector alleging violations of the Fair Debt Collection Practices Act (FDCPA) was not barred even though she was a member of a settlement class in a prior class action against that debt...

High Court Hears Oral Arguments In Debt Collection Case Over Costs Awards

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court heard oral arguments Nov. 7 over whether a prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) lawsuit may be awarded costs even though the lawsuit was not brought in bad faith or with an intent to harass ( Olivea Marx v. General...

Supreme Court Says Fair Debt Collection Practices Act Does Not Prohibit Award Of Costs Under FRCP 54(d)(1)

WASHINGTON, D.C. - (Mealey's) Section 1692k(a)(3) of the Fair Debt Collection Practices Act (FDCPA) "is not contrary to, and, thus, does not displace a district court's discretion to award costs under" Federal Rule of Civil Procedure 54(d)(1), a divided U.S. Supreme Court ruled Feb...